Well, what if I were to use it on my console, I drop it, oh crap the hinges are broke. I send it to Nintendo with the AK NOT IN. Will they not fix it like the HBC and the Wii?

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The thing is it's pretty obvious on the Wii that you've hacked the system. The HBC is not official, boot2 being different etc. Just because you constantly play Danny Phantom does not mean that you used a flashcart. Maybe you just really like Danny Phantom? Its not impossible (though highly improbable for sure).

As long as you don't send it back with the flashcart inside, they have no real way to 100% determine you used a flashcart. It's more like... 99.9% sure if they see Danny Phantom being used constantly.

i was thinking firmware cant update on this own anyway because when you go to the system update it says please ensure charger is connected! if it did then surly loads of people would brick them with running out of battery

A lot of young children only have 1-2 games, so it's not that unlikely at all. My neices for example only have 3 games and they've had their systems for several years now.

That said, we don't know for sure what else (if anything) is logged besides the title. Is there a chance that they can look back at the logs and see more? Yes. Is it likely? Well... Nintendo probably knows what it's looking for having dealt with these carts all throughout the DS/i lifestyle... so it is at the very least possible.

The simple fact is though that no one will know for sure till the 3DS is hacked and we can fully view the logs... but again, Nintendo will never LEGALLY be able to brick your system. As long as the flash carts don't modify the 3DS firmware in any way, there is no way nintendo could accidently brick your system and any intentional attempt to do so would result in many lawsuits... both civil and federal (remote destruction of computer systems is against the law in the US, EU, and most other modern countries).

The stupid bricking rumor needs to die.
Paranoid people are getting stupid about it. You won't brick your damn 3DS using a flashcart. It's impossible, it'll never happen. You won't get in trouble, it won't damage your 3DS, nothing will happen. For the love of god, just use your fucking AK2i.

We know from wii hacking that the system format does not entirely remove usage logs and hacking attempts... This is because it's not a true data format, you aren't restoring your Wii to an earlier firmware or anything like that... We can expect an identical result from 3DS.